4970 Street ImprovementsORDINANCE N0. 4970
AN ORDINANCE providing for the curbing and guttering and grading of Oakdale Avenue
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WHEREAS, by Resolutions No. 778, 779, 780, 781, 782 and 783, duly adopted by the
Board of Commissioners of the City of Salina on March 18, 1940, said Board of Com-
missioners have declared that they deem it necessary to improve certain portions of
certain streets and alleys in the City of Salina to the extent provided for in said
resolutions and as hereinafter provided for and within the limits provided for in
said resolutions and as hereinafter provided for, and
1a'HEREAS, said resolutions were each duly published for six days in the Salina Journal,
a daily (except Sunday) newspaper in said city and the official city paper and no suf-
ficient protest, or any protest, against said improvements or any of them have been
filed within the time and in the manner provided by law; NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. That it is necessary and it is hereby ordered that Oakdale Avenue
from the north line of Ash Street to the south line of Elm Street be curbed and
guttered and that such street within such limits be excavated and graded to such
extent as may be necessary for the completion of said work, and that said street
be graded between the curb and gutter so constructed, to conform to the grade of
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such curb and gutter, and that at the intersection of streets and alleys said curb
and gutter shall be carried back to the lot line of the street so improved, the
distance between such curb and gutter on each side of said street to be 28 feet
from toe to toe of gutter.
Section 2. That it is necessary and it is hereby ordered that Tenth Street
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from the center line of Pacific Avenue to the center line of Harsh Avenue be curbed
and guttered and that such street within such limits be excavated and gfaded to such
extent as may be necessary for the completion of said work, and that said street be
graded between the curb and gutter so constructed, to conform to the grade of such
curb and gutter, and that at the intersection of streets and alleys said curb and
gutter shall be carried back to the lot line of the street so improved, the distance
between such curb and gutter on each side of said street to be 28 feet from toe to
toe of gutter.
Section 3. That it is necessary and it is hereby ordered that Frost Street
from the west line of Eleventh Street to the east line of Sherman Street be curbed
and guttered and that such street within such limits be excavated and graded to
such extent as may be necessary for the completion of said work, and that said
street be graded between the curb and gutter so constructed, to conform to the
grade of such curb and gutter, and that at the intersection of streets and alleys
said curb and gutter shall be carried back to the lot line of the strert so improved,
the distance between such curb and gutter on each side of said street to be 28 feet
j from toe to toe of gutter.
from the north line of Ash Street to the south line of Elm ree ;
Tenth Street from the center_ line of Pacific Avenue to the center
line of Harsh Avenue; Frost Street from the west line of Eleventh
Street to the east line of Sherman Street; Brown Street from the
west line of Eleventh Street to the east line of herman Street;
Tenth Street from the south line of Franklin Street to a point
000 feet south of the south line of Franklin Street; and for the
paving and grading of the alley lying between Santa Fe Avenue and
Fifth Street from the soutelne of Ash Street to the north line
of Iron Avenue and providing for the cost of such improvements
and how the same shall be assessed and the manner of payment
therefor.
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WHEREAS, by Resolutions No. 778, 779, 780, 781, 782 and 783, duly adopted by the
Board of Commissioners of the City of Salina on March 18, 1940, said Board of Com-
missioners have declared that they deem it necessary to improve certain portions of
certain streets and alleys in the City of Salina to the extent provided for in said
resolutions and as hereinafter provided for and within the limits provided for in
said resolutions and as hereinafter provided for, and
1a'HEREAS, said resolutions were each duly published for six days in the Salina Journal,
a daily (except Sunday) newspaper in said city and the official city paper and no suf-
ficient protest, or any protest, against said improvements or any of them have been
filed within the time and in the manner provided by law; NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. That it is necessary and it is hereby ordered that Oakdale Avenue
from the north line of Ash Street to the south line of Elm Street be curbed and
guttered and that such street within such limits be excavated and graded to such
extent as may be necessary for the completion of said work, and that said street
be graded between the curb and gutter so constructed, to conform to the grade of
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such curb and gutter, and that at the intersection of streets and alleys said curb
and gutter shall be carried back to the lot line of the street so improved, the
distance between such curb and gutter on each side of said street to be 28 feet
from toe to toe of gutter.
Section 2. That it is necessary and it is hereby ordered that Tenth Street
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from the center line of Pacific Avenue to the center line of Harsh Avenue be curbed
and guttered and that such street within such limits be excavated and gfaded to such
extent as may be necessary for the completion of said work, and that said street be
graded between the curb and gutter so constructed, to conform to the grade of such
curb and gutter, and that at the intersection of streets and alleys said curb and
gutter shall be carried back to the lot line of the street so improved, the distance
between such curb and gutter on each side of said street to be 28 feet from toe to
toe of gutter.
Section 3. That it is necessary and it is hereby ordered that Frost Street
from the west line of Eleventh Street to the east line of Sherman Street be curbed
and guttered and that such street within such limits be excavated and graded to
such extent as may be necessary for the completion of said work, and that said
street be graded between the curb and gutter so constructed, to conform to the
grade of such curb and gutter, and that at the intersection of streets and alleys
said curb and gutter shall be carried back to the lot line of the strert so improved,
the distance between such curb and gutter on each side of said street to be 28 feet
j from toe to toe of gutter.
Section 4. That it is necessary and it is hereby ordered that Brown Street
i from the west line of Eleventh Street to the east line of Sherman Street be curbed
I and guttered and that such street within such limits be excavated and graded to such
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extent as may be necessary for the completion of said work, and that said street be
graded between the curb and gutter so constructed, to conform to the grade of such
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curb and gutter, and that at the intersection of streets and alleys said curb and
gutter shall be carried back to the lot line of the street so improved, the distance
between such curb and gutter on each side of said street to be 28 feet from toe to
toe of gutter.
i Section 5. That it is necessary and it is hereby ordered that Tenth Street
from the south line of Franklin Street to a point 300 feet south of the south line
of Franklin Street be curbed and guttered and that such street within such limits
be excavated and graded to such extent as may be necessary for the completion of
said work, and that said street be graded between the curb and gutter so constructed,
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to conform to the grade of such curb and gutter, and that at the intersection of
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streets and alleys sa'd curb and gutter shall be carried back to the lot line of the
street so improved, the distance between such curb and gutter on each side of said
street to be 28 feet from tce to toe of gutter.
Section 6. That it is necessary and it is hereby ordered that the alley
lying between Santa Fe A enue and Fifth Street from the south line of Ash Street
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to the north line of Iron Avenue be paved and that such alley within such limits
be excavated and graded to such extent as may be necessary for the completion of
said work.
Section 7. For the work and improvements herein provided for in the preceding
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sections of this ordinance the City Engineer shall make and file with the City Clerk
on or before May 6, 1940, complete plans and specifications for the improvements to
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be constructed as provided for in this ordinance including the excavation and grading
as herein provided for with the following materials:
Concrete Combined Curb and Gutter; six inches in wi.dthy
12 inches in heighth at back, and 24 inch gutter.
Alley Paving: Six inch reinforced concrete,
and said City Engineer shall on or before the same date submit to the Board of Com-
missioners under oath detailed estimates of the cost of such work and improvements
with such materials; provided that separate plans, specifications and estimates shall
be made and filed by the City Engineer for each of the separate improvements pro-
vided for in the preceding sections of this ordinance.
Section 8. That after such plans and specifications shall have been made and
prepared by the City Engineer and filed with the City Clerk as aforesaid the Board
of Commissioners may advertise by advertisement published in the official city paper
of the City of Salina, Kansas for three consecutive days for the receipt of sealed
proposals for the improving of said streets with the kind of material named and
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specified in the preceding section hereof, and for the excavating and grading
necessary for the co:apletion of such work, and after the receipt of such proposals
the said Board of Commissioners may and are hereby authorized to let contracts
for the improving of said streets with the material selected by them to the lovr-
est responsible bidder or bidders tnerefor, as determined by said Board of Com-
missioners, and for such excavating and grading. Said Board of Commissioners
reserve the right to reject any and all bids; ?ROJIDED, that if no resaonsible
bid shall be received for any of such work within the estimate made and filed
by the City Engineer covering such work, the Board of Commissioners shall pro-
ceed to construct said improvements or any part thereof within the estimated
cost thereof under the direction of the City Engineer and shall purchase the
necessary tools, apparatus, materials and employ the necessary labor for the
purpose of constructing such improvements or any portion thereof for which con-
tracts are not let.
Section 9. That such portion of the cost of such improvements as can be
secured for such purpose shall bd paid from money to be secured from the Federal
Emergency Administration of Public Works or from the Works Progress Administration
or from other federal or state agencies as may be authorized to advance money
or make grants for such purposes under the provisions of the Acts of Congress
of the laws of the State of Kansas in such cases made and provided relating
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to the granting of money for such purposes or such ;portion of the labor as
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may be necessary in the construction of any such work as can be secured from
the ?Works Progress Administration or any other federal agency shall be secured
to aid in the construction of the work and improvements in this ordinance pro-
vided for, and for the purpose of securing such money or such labor from any
such agencies the Mayor, City Clerk, City Engineer, City k anager and City
Attorney of said city are hereby authorized and directed to make and execute
such applications and statements and to furnish such other information as may
be required by any such agency in order to comply with the requirements of such
agency in relation to the furnishing of such aid. The remainder of the cost
of such improvements shall be paid for and such cost shall be assessed as in
this ordinance hereinafter provided for.
Section 10. That for the improving of the above mentioned streets special
assessments shall be made for the full cost thereof,, except that portion of such
costs as may be received as a grant or aid from any federal or state agencies,
according to law, on all lots and -)ieces of land to the center of the block on
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either side of the streets to be improved for the curb and gutter improvements
j provided for in this ordinance, and for the alley improvements, such special
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assessments shall be against all property abutting on said alley, as provided
j by law, all according to the appraisers valuation thereof, without regard to
the buildings or improvements thereon for the distance to be improved.
Section 11, After the passage and publication of this ordinance the Board
of Commissioners shall appoint three disinterested appraisers, householders, who
after having taken an oath to make a true and impartial appraisement of all lots
and pieces of land liable to assessment and taxation for the cost of the improvements
herein provided for, shall within five days after having been notified of their
appointment proceed to appraise said lots and pieces of land liable to assessment
and taxation as aforesaid as may be designated by the Board of Commissioners of
said city, without regard to the buildings or improvements thereon, and after making
said appraisement shall return the same to the Board of Commissioners of said city
and said Board of Commissioners shall designate a time for holding a special session
of such Board for the purpose of hearing any complaints that may be made as to the
value of any lots or pieces of land appraised as aforesaid, of which special session
due notice shall be given in the official city paper, at which special session the
Board of Commissioners may alter any valuation of any lot or piece of land if, in
their opinion, the same has been appraised too high or too low.
Section 12. That for the purpose of paging the cost of the work and improve-
ments in this ordinance provided for, except such portion of such cost as may be
received as a grant or as aid from any federal or state agencies, the Board of Com-
missioners are hereby authorized and directed to issue internal improvement bonds
of the City of Salina in an amount not to exceed the cdntract price or cost of such
improvements and to run for a period of ten years and be payable in ten equal in-
j stallments, together with interest not to exceed 57 per annum, which bonds shall
be made payable at the Fiscal Agency of the State of Kansas; and for the purpose of
paying principal and interest on said bonds as they severally become due and payable
the Board of Commissioners shall apportion and assess against the lots and piece of
land within the taxing district of such improvements special assessments covering the
cost of such improvements and the apportionment therein contained shall hold good for
all the installments that are to be collected from the specific property chargeable
with said improvements. Such assessment and apportionment ordinance shall contain
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the total amount of tax apportioned to each tract, piece and parcel of land within
the taxing districts and shall state the number of annual installments in which such
tax is to be collected; and thereafter the City Clerk shall annually, at the same ti,ae
other taxes are certified, certify to the County Clerk of Saline County, Kansas, a full
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list of all property liable for such work and improvements, together with the respective
amounts due on each of said tracts, pieces and parcels of land, which amounts shall
include the annual installments and interest on all unpaid balances for one year at
the rate of not to exceed 51f. per annum, on such amounts so certified which shall be
collected as other taxes are collected; PROVIDED, that for the purpose of defraying
the cost of improving the intersections and areas formed by the crossing of streets
and alleys, and for the grading of said streets between the curb and gutter so to be
constructed on each side thereof, where the same is provided for in this ordinance
as well as where the improvements is through or adjacent to property of the
city for which the city would be liable the assessment will be made against
all taxable property of the city and paid by the city at large, except such
portion thereof as may be secured as a grant from any federal or state agency.
A Section 13. This ordinance shall take effect and be in force from and
i after its publication once in the official city paper.
Introduced, April 22, 1940
Passed, April 29, 1940
Ed Morgenstern
Mayor
Attest: Chas, E. Banker
City Clerk
STATE OF KANSAS )
SS
COUNTY OF SALINE )
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I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby
certify that the above and foregoing is a true and correct copy of ordinance
No. 4970 passed and approved by the Board of Commissioners of the City of
Salina, Kansas April 29, 1940; and a record of the vote on its final adoption
j is found on page /,c Journal No. 15.
f v
City Clerk
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(Published in the Salina Journal 1940)
ORDINANCE N0. 4970
AN ORDINANCE providing for the curbing and guttering and grading of
Oakdale Avenue from the north line of Ash Street to the south
-line of Elmbtreet; Tenth Street from the center line of Pacific
Avenue to the center ane off` Harsh Avenue; Frost Street from
the west line of Eleventh Street to the east nne of an
Street; Brown Street from the west line of Eleventh Street
to the eas line o?-'gherman Street; Tenth Street from the
south line of Franklin Street to a point-`$�O`ee south of
the south line of Franklin Street; and for the paving and
grading of the alley lying between Santa Fe Avenue and Fifth
Street from the soMi line of Ash Street to the north line
of Iron Avenue and proviking for the cost of such ii;provements
and how the same shall be assessed and the manner of payment
therefor#.
AHEREAS, by Resolutions No. 778, 779, 780, 781, 782 and 783, duly
adopted by the Board of Commissioners of the City of Salina noxi March
18, 1940},}said Board of Commissioners have declared that they deem
it necessary to improve certain portions of certain streets and alleys
in the City of Salina to the extent provided for in said resolutions
and as hereinafter provided for and within the limits provided for in
said resolutions and as hereinafter provided for, and
WHEREAS, said resolutions were each duly published for six days in the
Salina Journal, a daily (except Sunday) newspaper in said city and the
official city paper and no sufficient protest, or any protest, against
said improvements or any of them have been filed within the time and
in the manner provided by law; NOW THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That it is necessary and it is hereby ordered that
Oakdale Avenue from the north line of Ash Street to the south line of
Elm Street be curbed and guttered and that such street within such
limits be excavated and graded to such extent as may be necessary for
the completion of said work, and that said street be graded between
the curb and gutter so constructed, to conform to the grade of such
curb and gutter, and that at the intersection of streets and alleys said
curb and gutter shall be carried back to the lot line of the street so
improved, the distance between such curb and gutter on each side of said
street to be 28, feet from toe to toe of gutter.
Section 2. That it is necessary and it is hereby ordered that
Tenth Street from the center line of Pacific Avenue to the center line
of Harsh Avenue be curbed and guttered and that such street within such
limits be excavated and graded to such extent as may be necessary for
the completion of said work, and that said street be graded between
the curb and gutter so constructed, to conform to the grade of such
curb and gutter, and that at the intersection of streets and alleys
said curb and gutter shall be carried back to the lot line of the street
so improved, the distance between such curb and gutter on each side of
said street to be 28 feet from toe to toe of gutter.
Section 3. That it is necessary and it is hereby ordered that
Frost Street from the west line of Eleventh Street to the east line
s
of Sherman Street be curbed and guttered and that such street within
such limits be excavated and graded to such extent as may be necessary
for the completion of said work, and that said street be graded between
the curb and gutter so constructed, to conform to the grade of such
curb and gutter, and that at the intersection of streets and alleys
said curb and gutter shall be carried back to the lot line of the
street so improved, the distance between such curb and gutter on each
side of said street to be 28 feet from toe to toe of gutter.
Section 4. That it is necessary and it is hereby ordered that
Brown Street from the treat line of Eleventh Street to the east line
of Sherman Street be curbed and guttered and that such street within
such limits be excavated and graded to such extent as may be necessary
for the completion of said work, and that said street be graded between
the curb and gutter so constructed, to conform to the grade of such
curb and gutter, and that at the intersection of streets and alleys
said curb and gutter shall be carried back to the lot line of the
street so improved, the distance between such curb and gutter on each
side of said street to be 28feet from toe to toe of gutter.
Section 5. That it is necessary and it is hereby ordered that
Tenth Street from the south line of Franklin Street to a point 300
feet south of the south line of Franklin Street be curbed and guttered
and that such street within such limits be excavated and graded to such
extent as may be necessary for the completion of said work, and that
said street be graded between the curb and gutter so constructed, to
conform to the grade of such curb and gutter, and that at the inter-
section of streets and alleys said curb and gutter shall be carried
back to the lot line of the street so improved, the distance between
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such curb and gutter on each side of said street to be 28 feet from
toe to toe of gutter.
Section,6"0 That it is necessary and it is hereby ordered that
the alley lying between Santa Fe Avenue and Fifth Street from the
south line of Ash Street to the north line of Iron Avenue be paved)!)
and that such alley within such limits be excavated and graded to
such extent as may be necessary for the completion of said work.
Section ,7.' For the work and improvements herein provided for
in the preceding sections of this ordinance the City Engineer shall
make and file with the City Clerk on or before May 80 1940
complete plans and specifications for the improvements to be constructed
as provided for in this ordinance including the excavation and grading
as herein provided for with the following materials:
Concrete Combined Curb and Gutter; six inches in width,
12 inches in heighth at back, and 24 inch gutter.
CD
Alley Paving: Six inch reinforced concrete.
and said City Engineer shall on or before the same date submit to the Board
of Commissioners under oath detailed estimates of the cost of such work and
improvements with such materials; provided that separate plans, specifications
and estimates shall be made and filed by the City Engineer for each of the
separate improvements provided for in the preceding sections of this ordinance,
Section 9 That after such plans and specifications shall have been
made and prepared by the City Engineer and filed with the City Clerk as afore-
said the Board of Commissioners may advertise by advertisement published in
the official city paper of the City of Salina, Kansas for three consecutive
q
days for the receipt of sealed proposals for the improving of- All. -street
with the kind of material named and specified in the preceding section.here-
of, and for the excavating and grading necessary for the completion of such
work, and after the receipt of such proposals the said Board of Commissioners
r 7'
may and are hereby authorized to let contracts for the i-mproving}of-eaid
met!§ with the material selected by them to the lowest responsible bidder
or bidders therefor, as determined by said Board of Commissioners, and for
such excavating and grading. Said Board of Commissioners reserve the right
to reject any and all bids; PROVIDED, that if no responsible bid shall be
received for any of such work within the estimate made and filed by the City
Engineer covering such work, the Board of Commissioners shall proceed to con-
struct said improvements or any part thereof within the estimated cost thereof
under the direction of the City Engineer and shall purchase the necessary tools,
apparatus, materials and employ the necessary labor for the purpose of construe*-
ing such improvements or any portion thereof for which contracts are not let.
Section 9. That such portion of the cost of such improvements as can be
secured for such purpose shall be paid from money to be secured from the Federal
Emergency Administration of public Works or from the Works Progress Administration
or from other federal or state agencies as may be authorized to advance money
or make grants for such purposes under the provisions of the Acts of Congress
of the laws of the State of Kansas in such cases made and provided relating
to the granting of money for such purposes or such portion of the labor as
may be necessary in the construction of any such work as can beisecured from
the Works Progress Administration or any other federal agency shall be secured
to aid in the construction of the work and improvements in this ordinance pro-
vided for, and for the purpose of securing such money or such labor from any
such agencies the Mayor, City Clerk, City.Engineer, City Manager and City
Attorney of said city are hereby authorized and directed to make and execute
such applications and statements and to furnish such other information as may
be required by any such agency in order to comply with the requirements of such
agency in relation to the furnishing of such aid. The remainder of the cost
of such improvements shall be paid for and such cost shall be assessed as in
this ordinance hereinafter provided for.
Section 30. That for the aving..of--the- -above mienti'oned streets spe cial
assessments shall be made for the full cost thereof, except that portion of
such costs as may be received as a grant or aid from any federal or state
agencies, according to law, on all lots and pieces of land to the center of
the block on either side of the streets to be improved for the curb and gutter
improvements provided for in this ordinance, and for the alley improvements,
such special assessments shall be against all property abutting on said alley,
as provided by law, all according to the appraisers valuation thereof, without
regard to the buildings or improvements thereon for the distance to be improved.
d
Section 31. After the passage and publication of this ordinance the
Board of Commissioners shall appoint three disinterested appraisers, house-
holders, who after having taken an oath to make a true and impartial appraise-
ment of all lots and pieces of land liable to assessment and taxation for the
cost of the improvements herein provided for, shall within five days after
having been notified of their appointment proceed to appraise said lots and
pieces of land liable to assessment and taxation as aforesaid as may be
designated by the Board of Commissioners of said city, without regard to
the buildings or improvements thereon, and after making said appraisement
shall return the same to the Board of Commissioners of said City and said
Board of Commissioners shall designate a time for holding a special session
of such Board for the purpose of hearing any complaints that may be made as
to the value of any lots or pieces of land appraised as aforesaid, of which
special session due notice shall be given in the official city paper, at
which special session the Board of Commissioners may alter any valuation of
any lot or piece of land if, in their opinion, the same has been appraised
too high or too low.
Section 1-2. That for the purpose of paying the cost of the w6rk and
improvements in this ordinance provided for, except such portion of such
cost as may be received as a grant or as aid from any federal or state
agencies, the Board of Commissioners are hereby authorized and directed
to issue internal improvement bonds of the City of Salina in an amount not
to exceed the contract price or cost of such improvements and to run for
a period of ten years and be payable in ten equal installments, together
with interest not to exceed 5% per annum, which bonds shall be made pay-
ablest the Fiscal Agency of the State of Kansas; and for the purpose of
paying principal and interest on said bonds as they severally become due
and payable the Board of Commissioners shall apportion and assess against
the lots and pieces of land within the taxing district of such improvements
special assessments covering the cost of such improvements and the apportion-
ment therein contained shall hold good for all the installments that are to
be collected from the specific property chargeable Arith said improvements.
Such assessment and apportionment ordinance shall contain the total amount
of tax apportioned to each tract, piece and parcel of land within the taxing
districts and shall state the number of annual installments in which such
tax is to be collected; and thereafter the City Clerk shall annually, at the
same time other taxes are certified, certify to the County Clerk of Saline
County, Kansas, a full list of all property liable for such work and im-
provements, together with the respective amounts due on each of said tracts,
pieces and parcels of land, which amounts shall include the annual install-
ments and interest on all unpaid balances for one year at the rate of not
to exceed 5% per annum, on such amounts so certified which shall be collected
as other taxes are collected; PROVIDED, that for the purpose of defraying the
cost of improving the intersections and areas formed by the crossing of streets
and alleys, and for the grading of said streets between the curb and gutter
so to be constructed on each side thereof, where the same is provided for in
this ordinance as well as where the improvements is through or adjacent to
property of the city for which the city would be liable the assessment will
be made against all taxable property of the city and paid by the city at large,
except such portion thereof as may be secured as a grant from any federal or
state agency.
Section 15. This ordinance shall take effect and be in force from and
after its publication once in the official city paper.
Introduced, April 22, 1940
Passed, April 29, 1940
Attest:
_— City` Clerrc
mayor